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Madumita sen (Sr. Software engineer)     26 June 2012

Advice on separation from husband

My marriage took place 3.5 years ago. It was love come arrange marriage. After my marriage my husband lives at dehradun and i work at noida. I used to go at dehradun on every friday and come back on every monday morning. My husband is handicap(before marriage),his left leg is amputted.Knowing this I marry him just because I love him lot and the accident took place when we both are together.

After 1 yr of marriage , he get transfered to Noida. With in few month I came to know that he is more instrusted with other women then on me. I try to discuss this with him that these type of relationship is wrong. For few month everything get corrected but after some time it again start. I give clues to his family members also bt they are least instrusted on our family life. Some time his sister come and make him understand this type of behaviour is wrong on his part but he always abuses her. For a period of 6 month things get solved or you can say for me it seems to be solved.

After 3 yrs I get pregnent and when I was 4 month pregnent I came to know that he is having physical relationship with one of his X office gal. They went to other cities for fun. He told me that he is having business meeting so he is going there but it was all lie. I am having their conversation details in form of mails and chat.

After knowing this I called my parents n his parents to take a decision that wt i will do nw. With everybodies permission and as per my husband request we decided to give him 1 more change to correct himself. He promise all of us that this thing will never get repeted and for our baby he will correct himself.

Now when our baby is born and he is 5.5 months old I again came to know that his relationship with that gal never ended and he make me fool every time. Whe ever i doubt on him he says that there is nothing like that.He never use to communicated with that gal in front of me but when he was in office always his phone was busy.They used to meet daily bt I was unaware of the fact I had his phone bills details also. When I was on maternity leaves at my mother's place that gal used to come to my house n they had fun.

I am pissed of with this now. I had all the mails and there conversation history. I don't want to live with such person now. I am earning and can take care of my child. Can you please guide me what actions can i take for this issue.

One more thing he never giive a single pie for house hold expenses.Even from last 2.5 years I am paying the house rent in which we live.The rent aggrement is in my name.He spend all his earning on others. He just pay 18000 RS emi for a house that we purchage for my in-laws to live at haldwani.we both are joint owners of the house. He never ever discussed how much he is earning but he always ask from me to give him details. Even one day for 1.5 hours he beated me like anything just because of the reason I refused to come close to him.He had taken about 4 Lakhs rs from my parents when he is working with some finance company to invest it. But till now 5 years are passed and he never returned the money nor give any paper regarding this. Now when my parents ask him he is not ready to return the money.

Infront of others and my relative he is a perfect husband and even he treated me so good at home and infront of others. He had very good convincing power thats why he always uses me. Now he is emotionaly blackmailling me about our child that think abt his future and wt he will thingk when he grow and others ask about his father and all....

Now when everything is clear infront of other then also my husband is saying that give me one more chance but I know he will never change. Please let me know which type of divorce case I can file against him. He is not ready to leave the house inwhich we live. He is saying that give me legal notice for separation then only I will leave. Please guide me.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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 7 Replies

Anjuru Chandra Sekhar (Advocate )     26 June 2012

You can file divorce under S.13(1)(ia) of Hindu Marriage Act on the grounds of cruelty and S.13(1)(i) of Hindu Marriage Act on the grounds of Adultery. 


(Guest)

Dear Manishaji,

I can understand your plight. First and foremost you need to lodge a complaint as against your husband with police station enunciating all the details in it. Thereafter you can proceed for filing an application under Domestic Violence Act before the Magistrate and parallely file a petition for divorce u/s 13 (i) (ia) of Hindu marriage Act for divorce. See to as you have a son, what is your earning and how much you have cash in hand after deducting and spending on all the necessary needs, you can prefer application u/s 125 of Cr. P. C for maintenance else u/s 24 & 25 of Hindu marriage Act for maintenance pendent lite and permanent alimony.

1 Like

(Guest)

Have u met that lady..? is she married.? Why she is doing and what she works. ? If whatever u said is truth then hangover that culprit (not his parents). Collect strong proofs then file complain. See ur side also u should be also clean.

Ranee....... (NA)     27 June 2012

Yes.Collect solid proofs first and then proceed as experts above has adviced.You can contact the other lady but according to me your husband is more faulty..he is not trustworthy.I personally though dont support divorce  but in your case you will never get peace living with such person who is deliberately doing these making you fool.Contact a experinced local lawyer.

Madumita sen (Sr. Software engineer)     27 June 2012

Dear Jaswant, if i am not clean then I would have never reacted on this situation.

Well now my husband is ready to file a mutual divorce case. please let me know if i file a mutual divorce case then wt will be the advantages and disadvantages of the same.


Also wt about my child and his custody. Will he will remain with me?


(Guest)
Dear madhumita, i m not blamming u that u r also wrong. Hang that lady also.

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